3 The Meaning of Due ProcessConstitution contains two statements about due process5th AmendmentFederal Government cannot keep any person from “life, liberty, or property, without due process of law.”14th AmendmentState Governments have the same limit on power as the federal government

4 The Meaning of Due Process (Con’t)Due Process is generally determined by the supreme court on a case-by-case basisGenerally Due Process means:Government must act fairly and within established rulesSubstantive Due ProcessGovernment must create fair policies and lawsProcedural Due ProcessGovernment must use fair procedures and methods

5 The Meaning of Due Process (Con’t)The 14th Amendment and the Bill of RightsBill of rights apply to the National Government only14th Amendment applies the Bill of Rights to States

6 Police PowerAuthority of each state to act to protect and promote the public health, safety, morals, and general welfareIn other words to help people live wellOften protecting people, creates a conflict with civil rightsCourts then have to maintain a balance between the twoExample: Drunk DrivingSearch WarrantA court order authorizing a search

7 Police Power (Con’t)Courts have held that public well-being was the most importantPromote health, limit sale of alcoholic beveragesPromote safety, forbid concealed weapons, use of seat belts, punish drunk driversPromote morals, outlawing gambling, sale of obscene materials, prostitutionPromote the general welfare, education laws, limit profits of public utilities

8 The Right of PrivacyNot specifically mentioned in constitution, however courts have continually held it to be “the right to be free, except in very limited circumstances, from unwanted governmental intrusions into one’s privacy.” (Stanley v. Georgia, 1969)

9 The Right of Privacy (Con’t)Roe V. WadeMost controversial case involving the right of privacyThe Supreme Court found a Texas law unconstitutionalThe law made abortion a crimeLater Reproductive Rights CasesThe Courts have made many revisions since Roe V. Wade, but the basic constitutional right still stands

11 Slavery and Involuntary ServitudeAmendment 13 was added to the Constitution in 1865, outlawing slavery or involuntary servitudeThe courts have held that the draft and imprisonment are not classified as involuntary servitudeThe 13th Amendment: Section 2With support of the 13th Amendment, Civil Rights Act of 1866, and Civil Rights Act of 1964, outlaw racial discriminationBias, Unfairness

12 The Right to Keep and Bear Arms2nd Amendment states “ A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed” ConstitutionMany politicians argue that the amendment also supports an individual’s right to “bear arms”State’s have the right to limit arms

13 Security of Home and PersonThe 3rd AmendmentForbids the housing of soldiers in private homesNever been the subject of a Supreme Court caseThe 4th AmendmentDesigned to prevent the use of writs of assistanceBlanket search warrantsProbable CausePolice officers cannot search for evidence unless they have a warrantMust be based on probably causeA reasonable suspicion of crime

14 Security of Home and Person (Con’t)ArrestThe Seizure of a personDo not need a warrant to arrest an individualAutomobilesThe Court has held that officers do not need search warrants for vehiclesJust need probable Cause

15 Security of Home and Person (Con’t)The Exclusionary RuleEvidence gained as the result of an illegal act by police cannot be used at the trial of the person from whom it was seizedAdopted by the Courts, even though not explicitly stated in the 4th amendmentRule was laid down in Weeks v. United States,1914Map v. Ohio1961 case expanded the Exclusionary rule to states based on the 14th Amendment

16 Security of Home and Person (Con’t)Cases Narrowing the Scope of the Exclusionary RuleMultiple cases through the years have allowed some police mistakes regarding evidenceDrug TestingThe Court has held that they can be conducted without either warrants or even any indication of drug use by those who must take them

17 Security of Home and Person (Con’t)WiretappingKratz v. United States, 1967 found evidence found through wiretapping was not eligible in courtHowever, recent cases involving cell phone wiretapping has not been found unconstitutional

19 Habeas Corpus Writ of habeas corpusIntended to prevent unjust arrests and imprisonmentsCommands that the prisoner be brought before the court and that the office show cause why the prisoner should not be releasedCannot be suspended “unless when in cases of Rebellion or Invasion the public Safety may require it”Abraham Lincoln suspended the writ in 1861Also suspended in Hawaii after Pearl Harbor

20 Bills of AttainderLegislative act that inflicts punishment without a court trialEngland’s parliament during the colonial period pass many bills of attainder

21 Ex Post Facto Laws A Law passed after the factA criminal law, defining a law or providing for its punishmentApplies to an act committed before its passageWorks to the disadvantage of the accusedNeither Congress or the State Legislatures may pass such laws

22 Grand JuryFormal device by which a person can be accused of a serious crimeA body of persons from the federal district courtUsed to determine indictment or to drop the chargesA formal complaint that the prosecutor lays before a grand juryGrand Jury is provided by the 5th AmendmentHowever only provision not covered in the 14th AmendmentThus states are not required to provide a grand jury

23 Double Jeopardy5th Amendment guarantee against being tried for the same crime twiceCannot be convicted on the same crime in both federal and state courtsSex Predators however can be confined after being released from prisonThe courts have considered that the protection of the public from harm

24 Speedy and Public TrialSpeedy Trial6th Amendment guarantee that ensures that the government will try a person accused of a crime without unnecessary delayMost cases must be within 100 days of their arrestPublic Trial6th Amendment also guarantees that the trial must be publicHowever a trial cannot be too speedy or too publicMajor battle between freedom of press and the protection of a fair trial from undue media speculation

25 Trial by Jury6th Amendment guarantee that says an accused person must be tried “by an impartial jury”However states may not us trial by jury on minor casesA defendant may seek a “change of venue” due to prejudice in the state and federal district in which the case is to be heldDefendant can waive their right to trial by juryCalled Bench trial

26 Right to An Adequate Defense6th Amendment also provides the defendant:“to be informed of the nature and cause of the accusation”“Be confronted with the witnesses against” them and question them in open court“To have compulsory process for obtaining witnesses in their favor”“To have the Assistance of Counsel for his defense”Intended to prevent the cards from being stacked in favor of the prosecution

27 Self-Incrimination5th Amendment provides protections for defendants, that for the burden of proof on the prosecutionApplying the GuaranteeA person can “claim the fifth”Ability to not testify or answer questions that might incriminate oneselfDoes not include fingerprinting, photography, submitting a handwriting sample, police lineup, etc.Must also be allowed to have counselIf counsel is denied, then confession can not be used in court

28 Self-Incrimination (Con’t)Miranda v. ArizonaThe court said that it would no longer uphold convictions in any cases in which suspects have not been told of their constitutional rights before police questioningMiranda RuleTold of his or her right to remain silentAnything they say can be used in courtRight to have an attorney present during questioningIf unable to hire an attorney, one will be providedthey may bring police questioning to an end at anytime

30 Bail and Preventative DetentionSum of money that accused may be required to post (deposit with the court) as a guarantee that he or she will appear in courtNot guaranteed bail, just that it won’t be excessivePreventive DetentionA federal judge can order that the accused be held, without bail, when there is good reason to believe that he or she will commit another serious crime before trial

31 Cruel and Unusual Punishment8th Amendment forbids “cruel and unusual punishment”Capital Punishment is not necessarily considered cruel and unusual punishmentCourt has held that punishment should fit the severity of the crimeAlso cannot be denied medical treatment in jail

32 Capital Punishment Punishment by deathCourt has avoided the charged issue, however has made a couple decisions in regard to capital punishmentCan be imposed for crimes resulting in the death of the victimCannot be imposed on mentally retarded criminals

33 Treason Only crime that is defined in the ConstitutionCan consist of only two thingsLevying war against the United States“Adhering to their Enemies, giving them Aid and Comfort”Not one can be punished, unlessTestimony of two witnesses to the same actionConfession in open CourtStates also have treason laws